(a) Release and supervision on parole of any person, including
the supervision by the Division of Corrections of any person
paroled by any other state or by the federal government, shall be
upon the following conditions:

(1) That the parolee may not, during the period of his or her
parole, violate any criminal law of this or any other state or of
the United States;

(2) That the parolee may not, during the period of his or her
parole, leave the state without the consent of the Division of
Corrections;

(3) That the parolee complies with the rules prescribed by the
Division of Corrections for his or her supervision by the parole
officer;

(4) That in every case in which the parolee for a conviction
is seeking parole from an offense against a child, defined in
section twelve, article eight, chapter sixty-one of this code, or
article eight-b or eight-d of said chapter, or similar convictions
from other jurisdictions where the parolee is returning or
attempting to return to this state pursuant to the provisions of
article six, chapter twenty-eight of this code, the parolee may not
live in the same residence as any minor child nor exercise
visitation with any minor child nor may he or she have any contact
with the victim of the offense; and

(5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been
undertaken by this state, pay a fee, based on his or her ability to
pay, not to exceed $40 per month to defray the costs of
supervision.

(b) The Commissioner of Corrections shall keep a record of all
actions taken and account for moneys received. All moneys shall be
deposited in a special account in the State Treasury to be known as
the Parolee's Supervision Fee Fund. Expenditures from the fund
shall be for the purposes of providing the parole supervision
required by the provisions of this code and are not authorized from
collections, but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. Amounts collected which are found, from time
to time, to exceed the funds needed for purposes set forth in this
article may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature.

(c) The Division of Corrections shall consider the following
factors in determining whether a parolee or probationer is
financially able to pay the fee:

(1) Current income prospects for the parolee or probationer,
taking into account seasonal variations in income;

(2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain funds
and assets of the parolee or probationer that may be liquidated to
provide funds to pay the fee;

(3) Fixed debts and obligations of the parolee or probationer,
including federal, state and local taxes and medical expenses;

(4) Child care, transportation and other reasonably necessary
expenses of the parolee or probationer related to employment; and

(5) The reasonably foreseeable consequences for the parolee or
probationer if a waiver of, or reduction in, the fee is denied.

(d) In addition, the Division of Corrections may impose,
subject to modification at any time, any other conditions which the
division considers advisable.

(e) The Division of Corrections may order substance abuse
treatment as a condition or as a modification of parole, only if
the standardized risk and needs assessment indicates the offender
has a high risk for reoffending and a need for substance abuse
treatment.

(f) The Division of Corrections may impose, as an initial
condition of parole, a term of reporting to a day report center or
other community corrections program only if the standardized risk
and needs assessment indicates a moderate to high risk of
reoffending and moderate to high criminogenic need. Any parolee
required to report to a day report center or other community
corrections program is subject to all the rules and regulations of
the center or program and may be removed at the discretion of the center's or program's director. The Commissioner of Corrections
shall enter into a master agreement with the Division of Justice
and Community Services to provide reimbursement to counties for the
use of community corrections programs by eligible parolees. Any
placement by the Division of Corrections of a parolee in a day
report center or other community corrections program may only be
done with the center or program director's consent and the parolee
is subject to all of the rules and regulations of the center or
program and may be removed by the director.